Archive Decision

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Whangarei RC 30 June 2018 – R 6 – Chair, Mr A Smith

ID: JCA13416

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr S Rusof - Class A Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A10400

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 30 June 2018

Meet Chair:
ASmith

Meet Committee Member 1:
ADooley

Race Date:
2018/06/30

Race Number:
R6

Decision:

As Mr Rusof admitted the breach, the Committee found the charge proved.

Penalty:

Accordingly, Mr Rusof had his license to ride in races suspended for a period to commence after racing on the 30th of June and conclude after racing on the 22nd of July 2018.

Te Aroha race meeting on the 6th of July was not included in Mr Rusof’s suspension as this is a highweight, jumping and amateur riders meeting only.

Facts:

Following the running of Race 6, Mountfield Quarry, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr Rusof allowed his mount MORWEKA to shift out when not clear of MARZEMINO which was checked losing ground near the 75m.

Mr Rusof acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Coles demonstrated the incident using the available video footage. He identified the horses MORWEKA (S Rusof) and MARZEMINO (T Wenn).

Mr Coles showed that near the 100m Mr Rusof’s mount MORWEKA commenced to lay out when under pressure. He said as MORWEKA laid out Mr Rusof attempts to change his whip over to his left hand at which point MORWEKA ducks out causing a reasonable check to MARZEMINO. At the time of the shift MORWEKA was just 1 length clear and had shifted off its running line approximately 1.5 horse widths. He said it was an error of judgement by Mr Rusof and MARZEMINO had over-reacted to the check.

Mr Rusof said that his horse had laid out and he tried to straighten his horse quickly, but he didn’t realise any horse was behind him. He said he hadn’t heard anyone call out. 

Submissions for Penalty:

In mitigation Mr Williamson said that MORWEKA wanted to lay out but Mr Rusof never stopped riding to straighten his mount. He said the reaction from MARZEMINO was overdone, but the interference that occurred almost certainly cost it a better placing.

Mr Williamson said that Mr Rusof had 3 previous breaches of the rule.
14/3/18 - 7 days
8/4/18 - 5 days
9/5/18 - 7 days

Mr Williamson submitted that the level of carelessness was a little worse than midrange.

Mr Rusof submitted that he was trying to win and stated that the interference was midrange. Mr Rusof advised that he wished to take his suspension immediately.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage the Committee observed Mr Rusof riding his mount MORWEKA forward with the whip as it shifted ground out two horse widths near the 100m. As a result, Miss Wenn (MARZEMINO) had to take evasive action to avoid the heels of MORWEKA. It was clear when the interference occurred that MARZEMINO was comfortably holding 3rd position, as a consequence of the interference MARZEMINO lost several lengths and finished in 4th position.

The Committee assessed the totality of carelessness to be at the mid to high range and adopted 9 national riding days as the appropriate starting point.

The only mitigating factor was Mr Rusof’s admission of the breach for which he was afforded a 1 day discount.

The significant aggravating factor was Mr Rusof’s poor record for which an uplift of 2 days was applied. The NZTR website shows that to date Mr Rusof has had only 61 rides for the 2017/2018 season, this is Mr Rusof’s 4th suspension in this period.

After taking into account all factors the Committee considered that a 10 national day suspension was appropriate. 

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 34028100cfd5d966e52ba947c0ce41a2


informantnumber: A10400


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 02/07/2018


hearing_title: Whangarei RC 30 June 2018 - R 6 - Chair, Mr A Smith


charge:


facts:

Following the running of Race 6, Mountfield Quarry, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr Rusof allowed his mount MORWEKA to shift out when not clear of MARZEMINO which was checked losing ground near the 75m.

Mr Rusof acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Coles demonstrated the incident using the available video footage. He identified the horses MORWEKA (S Rusof) and MARZEMINO (T Wenn).

Mr Coles showed that near the 100m Mr Rusof’s mount MORWEKA commenced to lay out when under pressure. He said as MORWEKA laid out Mr Rusof attempts to change his whip over to his left hand at which point MORWEKA ducks out causing a reasonable check to MARZEMINO. At the time of the shift MORWEKA was just 1 length clear and had shifted off its running line approximately 1.5 horse widths. He said it was an error of judgement by Mr Rusof and MARZEMINO had over-reacted to the check.

Mr Rusof said that his horse had laid out and he tried to straighten his horse quickly, but he didn’t realise any horse was behind him. He said he hadn’t heard anyone call out. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Rusof admitted the breach, the Committee found the charge proved.


sumissionsforpenalty:

In mitigation Mr Williamson said that MORWEKA wanted to lay out but Mr Rusof never stopped riding to straighten his mount. He said the reaction from MARZEMINO was overdone, but the interference that occurred almost certainly cost it a better placing.

Mr Williamson said that Mr Rusof had 3 previous breaches of the rule.
14/3/18 - 7 days
8/4/18 - 5 days
9/5/18 - 7 days

Mr Williamson submitted that the level of carelessness was a little worse than midrange.

Mr Rusof submitted that he was trying to win and stated that the interference was midrange. Mr Rusof advised that he wished to take his suspension immediately.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage the Committee observed Mr Rusof riding his mount MORWEKA forward with the whip as it shifted ground out two horse widths near the 100m. As a result, Miss Wenn (MARZEMINO) had to take evasive action to avoid the heels of MORWEKA. It was clear when the interference occurred that MARZEMINO was comfortably holding 3rd position, as a consequence of the interference MARZEMINO lost several lengths and finished in 4th position.

The Committee assessed the totality of carelessness to be at the mid to high range and adopted 9 national riding days as the appropriate starting point.

The only mitigating factor was Mr Rusof’s admission of the breach for which he was afforded a 1 day discount.

The significant aggravating factor was Mr Rusof’s poor record for which an uplift of 2 days was applied. The NZTR website shows that to date Mr Rusof has had only 61 rides for the 2017/2018 season, this is Mr Rusof’s 4th suspension in this period.

After taking into account all factors the Committee considered that a 10 national day suspension was appropriate. 


penalty:

Accordingly, Mr Rusof had his license to ride in races suspended for a period to commence after racing on the 30th of June and conclude after racing on the 22nd of July 2018.

Te Aroha race meeting on the 6th of July was not included in Mr Rusof’s suspension as this is a highweight, jumping and amateur riders meeting only.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr S Rusof - Class A Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 824a7409d69e5e82b398a7fef1380323


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3543b1911b5ec45e02e84d3b3d8a6afa


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/06/2018


meet_title: Whangarei RC - 30 June 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: ASmith


meet_pm1: ADooley


meet_pm2: none


name: Whangarei RC